MONIKA RANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Neeraj Garg, the learned counsel for the petitioner and Sri H.M. Raturi, the Learned Standing Counsel for the respondents. The petitioner was born in Rishikesh, District Dehradun in the year 1981 and is living with her parents in this town-where she was brought up. The petitioner did her schooling and graduation from Rishikesh. The petitioner's father was born in Jwalapur in District Haridwar in the year 1951 and served in Indian Drugs and Pharmaceuticals Limited (IDPL) since 1977, which is located in Rishikesh. The petitioner retired in the year 2003 and after retirement, is still living in Rishikesh. The petitioner's contention is that she is a permanent resident of Rishikesh.

(2.) The petitioner contends that she is a Scheduled Caste belonging to 'Balmiki' community and, in this regard, the petitioner's father was issued a caste certificate by the Tehsildar, Dehradun, on 22nd August, 1979, indicating therein that the petitioner's father is a Scheduled Caste. The petitioner was also issued a caste certificate by the Tehsildar, Dehradun, dated 16.11.1995, indicating that the petitioner is a Scheduled Caste belonging to 'Balmiki' community. On 8th February, 2006, the Sub-Divisional Magistrate, Rishikesh, also issued a permanent resident certificate in favour of the petitioner. This is the admitted position, which the respondents do not deny in their counter affidavit.

(3.) The petitioner applied for a diploma course in Government Girls Polytechnic, Dehradun. This course is for a period of two years divided into four semesters. The petitioner applied for admission as a Scheduled Caste candidate. Admission was granted and the College authorities directed the petitioner to submit a caste certificate within a stipulated period. Accordingly, the petitioner applied for a caste certificate on 20th August, 2010, which was rejected by the Tehsildar by its order dated 27th August, 2010 on the ground that no proof was submitted that the petitioner's forefathers were living in the geographical limits of Uttarakhand since 10th August, 1950, as per the Government Order dated 12th January, 2009 and the decisions of the Supreme Court. The petitioner, being aggrieved by the action of the Tehsildar, filed Writ Petition No. 799 (M/S) of 2011 praying for the quashing of the order of the Tehsildar dated 27th August, 2010 and commanding the respondents to issue a caste certificate.